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Navigating Homeownership During Divorce: Insights From New Leaf Family

Jun 12, 2024

Understanding Property Ownership

When it comes to divorce, questions about what happens to the family home are common. Amber McClain sheds light on this complex issue.

Factors Affecting Property Division

McClain explains that the fate of the home depends on various factors, including when the property was purchased. If bought before marriage, it’s often considered separate property, while homes purchased during marriage are typically deemed marital property.

The Decision-Making Process

For homes with both spouses on the mortgage, decisions become more intricate. During property division, options include one spouse buying out the other, refinancing, or selling the property. McClain stresses the importance of mutual agreement, as leaving it to the court can lead to undesirable outcomes.

Empowering Couples To Decide

Ultimately, McClain highlights that it’s in the parties’ best interest to decide the fate of their home together. Otherwise, the court may intervene, potentially resulting in outcomes neither party desires.

Christopher Anderson

Christopher Anderson

Attorney

Christopher is a really smart guy (no … he did not write this!) He can analyze and pick apart a dense legal argument like nobody’s business, and then in the next breath explain special relativity or space-time to an 8-year-old. And Christopher has a passion for changing the way Family Law is practiced. He founded New Leaf Family with the dual purpose of: Working to empower clients to make the best decisions for themselves and their families; To make the financial aspect of Family Law more predictable and straightforward for clients. By keeping most decisions in the hands of our clients, Christopher believes they will have more satisfaction with the outcomes, and their families will come through to the next chapter in much better shape. Christopher received his A.B. from Cornell University a really long time ago, when some men had mullets and still took themselves seriously. After Cornell, Christopher went to Georgia, and achieved his J.D.. from the University of Georgia, around the time when you’d hear songs on the radio about things being “ironic” that really aren’t. Christopher started his legal career by prosecuting bad guys accused of horrific sex, crimes for the Bronx District Attorney’s office, and the courtroom became his second home. Over the years he has practiced in several different areas, handling matters as diverse as nasty divorces and custody battles to serving as general counsel to tech companies to representing pilots in licensing issues. In addition to being a scary trial lawyer when called upon to whip out those skills, Christopher also has developed a habit of being invited to give talks to other lawyers about legal technology and law practice management at big lawyer conferences, and works to help other lawyers across the country to improve their law firms as well. Like Penn, Christopher is admitted to practice law in the state and federal courts of Colorado, New York and Georgia. Christopher enjoys snow skiing, oenology, quantum mechanics and astrophysics. He is a frequent, if not always enthusiastic, runner. He is conversational in Dutch and roots for the Netherlands during the World Cup. He makes a mean cappuccino and prefers his martinis stirred, not shaken.